Although less broadly recognized, this privilege can protect the publication of newsworthy but defamatory statements made about public figures or officials by a responsible, reliable organization or person, as long as the statements are reported accurately and impartially. Court of Appeals in New York 2nd Cir. The privilege has been adopted in only a few jurisdictions and expressly rejected in several others. Third-party postings. Thus, news sites that let readers post comments will not be liable for those comments. However, there are ways that this protection can be lost. For example, these news sites are not protected by Section if, rather than merely posting comments provided by third parties, their operators create the online posting in question, extensively edit it, or incorporate the comments into subsequent news stories.
Opinion is still protected speech under the First Amendment, although the Supreme Court limited the formerly broad reach of opinion protection in Milkovich v. Lorain Journal Co. However, denial, refusal to answer or silence concerning the statement do not constitute consent. The statute of limitations for bringing libel suits varies from state to state. If the plaintiff does not sue within the statutory time period, the litigation can be barred.
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However, retracting or correcting too much could be seen as an admission of falsity, which would be used against you in a libel suit. Before agreeing to publish a retraction, consult an attorney or contact the Reporters Committee for more information. Anti-SLAPP statutes , which permit early dismissal of lawsuits that chill the exercise of free-speech rights, may help news organizations defend some libel suits. Journalists who write about consumer products should be aware that their reports may be subject to product disparagement laws.
A dissenting judge said the ruling created a standard for consumer reporting that intrudes on free expression. The plaintiffs in the case, Texas feed yard owners, claimed Winfrey caused a decrease in beef sales when she said she would never eat a hamburger again for fear of mad cow disease. Winfrey won the suit. Some of those laws, though still on the books, have been invalidated by court decisions. Even in states where criminal libel laws exist, prosecution under those statutes is rare.
Thus, a person charged with criminal libel of a public figure can be found guilty only if the allegedly defamatory statement is false and was made with actual malice. However, in Hustler Magazine v. Check sources thoroughly. Confidential sources, such as government employees, may disappear or recant in the face of a lawsuit. Do not let your opinion about whether someone is a public figure or official color your decision to verify the accuracy of a story. If you cover the police or courthouse beat, make certain you understand criminal and civil procedure and terminology.
Be especially careful to restate accurately any information obtained about arrests, investigations and judicial proceedings. Be cautious when editing. Make sure the story does not convey the wrong information because of a hasty rewrite. Do not use generic video footage or file photos when reporting on an activity that might be considered questionable. Just because someone else said it does not mean that a news organization cannot be sued for republishing it.
This includes letters to the editor. Check out any factual allegations contained in them as carefully as you would statements in a news story. If contacted by someone threatening a libel suit, be polite, but do not admit error or fault. You can also contact the Reporters Committee for more assistance, particularly if you are an independent journalist.
Almost every state recognizes some right of privacy, either by statute or under common law — the traditional court-made law that U. However, these rights often clash. It took U. The Georgia Supreme Court was the first to do so in Pavesich v. New England Life Insurance Co. Public figures have a limited claim to a right of privacy.
Past and present government officials, political candidates, entertainers and sports figures are generally considered to be public figures. Although private individuals usually can claim the right to be left alone, that right is not absolute. For example, if a person who is normally not considered a public figure is thrust into the spotlight because of her participation in a newsworthy event, her claims of a right of privacy may be limited. A right of privacy can be violated by any means of communication, including spoken words.
This tort is usually divided into four categories: intrusion, publication of private facts, false light and misappropriation. Intrusion claims against the media often center on some aspect of the newsgathering process. This tort may involve the wrongful use of recording devices, cameras or other intrusive equipment. Trespass also can be a form of intrusion.
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California enacted such a law in , and the U. Congress considered a similar bill in B, a newspaper reporter, calls her on the telephone and asks for an interview, but she refuses to see him. Liability often is determined by how the information was obtained and its newsworthiness, and varies from community to community, as offensiveness is a jury question. Arrests are considered newsworthy and, therefore, the press is free to accurately report them. Public revelations about children, particularly their medical conditions and treatment, also may subject the media to liability for invasion of privacy.
In , Eric Foretich, the father of nine-year-old Hilary Foretich, brought a privacy claim on behalf of his daughter against Lifetime Cable Network and the BBC after the networks featured Hilary in a television documentary about child abuse. Public records: If information comes from a public record, such as a birth certificate, police report or judicial proceeding, the media usually are not liable for reporting it. A newspaper can print a list of people who have been granted divorces, for instance, when the information is derived from court records, no matter how embarrassing it is to the individuals.
Reporters should use caution in relying upon semi-public documents. However, one federal appellate court has ruled that publishing information from a secret police report is not an invasion of privacy because there is no reasonable expectation that information given to the police will be kept secret.
Passage of time: The newsworthiness of a private fact may be affected by the passage of time. Disclosed facts about both public officials and public figures are not subject to the passage of time rule. Community standards: The sensibilities of the community also must be considered when determining if a private fact should be reported.
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The law is not designed to protect the overly sensitive. There was also a newsworthy question about whether President Ford delayed a public expression of gratitude toward the man because of his sexual orientation. Although this tort is similar to defamation, it is not the same. The report need not be defamatory to be actionable as false light. This type of invasion of privacy tends to occur when a writer condenses or fictionalizes a story, or uses stock footage to illustrate a news story.
Some courts may consider works of fiction constitutionally protected expressions even if they contain characters that resemble, or clearly were based on, identifiable individuals known by the author or creator. The law protects an individual from being exploited by others for their exclusive benefit. If the person could reasonably be identified, the misappropriation claim probably will be valid. However, incidental references to real people in books, films, plays, musicals or other works, whether fact or fiction, generally are not misappropriations.
Even if a photo is used to sell a magazine on a newsstand, courts usually will not consider that use a trade or commercial purpose. The line between news and commercial use is not always clear, however, and even photographs used to illustrate an article may create liability for misappropriation if the article has an overriding commercial purpose.
Model Christie Brinkley, for example, successfully sued to stop the unauthorized use of her picture on posters that hung in retail stores but did not advertise any product. These claims have proceeded with varying success. In , the U.
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Court of Appeals in San Francisco 9th Cir. The Supreme Court reviewed the case and held that police officers could be liable for bringing the media inside a home, but the Court declined to rule on the liability of the media defendants. The case ultimately settled out of court. If a person consents , there can be no invasion of privacy.
However, the reporter should be sure that the subject has consented not only to the interview, but to the publishing or airing of the interview or photographs as well. When minors or legally incompetent people are involved, the consent of a parent or guardian may be necessary. A written release is essential for use of pictures or private information in advertising or other commercial contexts. Truth can be a defense, but only in false light cases. A litigant claiming false light invasion of privacy who is involved in a matter of public interest must prove that the media intentionally or recklessly made erroneous statements about him.
However, truth is not a defense to a claim based on publication of private facts. If the public has a legitimate interest in the story as it was reported, newsworthiness can be a defense to the charge of invasion of privacy. Some reporters regard recorders and cameras as intrusive devices that all but ensure that interviewees will be uncooperative. To others, they are invaluable newsgathering tools that create important documentary evidence of a conversation. News organizations frequently adopt policies regarding surreptitious use of these newsgathering tools.
It is critical that reporters and news organizations know the state and federal laws that govern the use of cameras and recording devices. The summary that follows is intended as an introduction to those laws. You may record, film, broadcast or amplify any conversation if all parties to the conversation consent.
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It is always legal to record or film a face-to-face interview when your recorder or camera is in plain view. In these instances, the consent of all parties is presumed. Of the 50 states, 38, as well as the District of Columbia, allow you to record a conversation to which you are a party without informing the other parties you are doing so.
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Federal wiretap statutes also permit this so-called one-party-consent recording of telephone conversations in most circumstances. Most states have copied the federal law. Some state statutes go even further, prohibiting unauthorized filming, observing and broadcasting in addition to recording and eavesdropping, and prescribing additional penalties for divulging or using unlawfully acquired information, and for trespassing to acquire it.